CLAIMS HANDLING FOR NEW YORK Property & Casualty …

LYNCH & ASSOCIATES, P.C.

Defending Insurance Companies & Self-Insureds (907) 276-3222 tlynch@

CLAIMS HANDLING FOR NEW YORK Property & Casualty Insurance

ACT TO BE PERFORMED

COMPLIANCE

REFERENCE

TIMEFRAME

Acknowledge in writing receipt of claim to

Within 15 business days after N.Y. Comp. Codes R.

first-party claimant or third-party claimant receipt

& Regs. tit. 11 ?

216.4(a)

Reply to all pertinent communications

Within 15 business days

N.Y. Comp. Codes R.

& Regs. tit. 11 ?

216.4(b)

Reply to any inquiry from the Insurance

Within 10 business days from N.Y. Comp. Codes

Department

any inquiry

R. & Regs. tit. 11 ?

216.4(d)

Provide to first-party claimant or third-party Within 15 business days of

N.Y. Comp. Codes R.

claimant notification of all items, statements receipt of notice of the claim & Regs. tit. 11 ?

and forms required of the claimant

216.5(a)

Commence investigation of any claim

Within 15 business days of

N.Y. Comp. Codes

receipt of notice of the claim R. & Regs. tit. 11 ?

216.5(a)

Advise the first-party claimant or third-party Within 15 days after receipt of N.Y. Comp. Codes R.

claimant of acceptance or denial of the claim proofs of loss or requested

& Regs. tit. 11 ?

information

216.6(c)

When insurer suspects claim involves arson

Within 30 days after receipt of N.Y. Comp. Codes R.

advise first-party claimant or third-party

proofs of loss or requested

& Regs. tit. 11 ?

claimant of acceptance or denial of claim

information

216.6(c)

Notify the claimant in writing stating the

Within 15 days after receipt of N.Y. Comp. Codes R.

reasons additional time is needed for

proofs of loss or requested

& Regs. tit. 11 ?

investigation

information and every 90 days 216.6(c)

thereafter

Notify claimant citing specific reasons that no As soon as it is determined. N.Y. Comp. Codes R.

policy was in force or that insurer is

& Regs. tit. 11 ?

disclaiming liability because of a breach of

216.6(d)

policy provisions by policyholder

Pay amount finally agreed upon in settlement of Within 5 business days from N.Y. Comp. Codes R.

all or part of any claim

the receipt of agreement by

& Regs. tit. 11 ?

insurer or date of performance 216.6(f)

of conditions in agreement by

claimant

(Current as of May 2010) ? This chart is not to be used as a substitute for reviewing the actual statutes and regulations.

*The link provided is to the entire Compilation of Codes Part Unfair Claims Settlement Practices. In order to find the specific regulation, you will need to scroll down.

Copyright 2010 by Lynch & Associates, P.C.

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